Centre accepts some suggestions of collegium

The Central government has accepted some recommendations of the Supreme Court collegium on draft memorandum of procedures for appointment of judges.

Suggestions accepted:

• Lifting the proposed cap on the number of jurists and lawyers for appointment as judges in the Supreme Court. The draft sent to the Chief Justice of India in March had recommended that up to three judges from among jurists and lawyers could be appointed.
• Seniority is now being considered to be the main condition. The government had earlier proposed merit-cum-seniority as the criterion for elevation of judges.

What has not been accepted?

The government has not changed its stand on the proposed clause under which it will have powers to reject any candidate recommended by the collegium on grounds of public interest and national security. 

• The collegium had earlier rejected the proposal. However, the revised draft proposes that the government will communicate to the collegium the reasons for rejecting any name recommended by it.

Background:

In December 2015, the supreme court, after restoring the collegium system, had directed the Centre to frame a new MoP. The court had directed the government to do this in consultation with the Chief Justice of India, who would in turn take into confidence his four seniormost puisne judges of the Supreme Court and who are part of the collegium.

• Later, the Court had raised concerns over some issues in the draft Memorandum of Procedure (MoP). The Supreme Court had asked the government to re-consider these clauses.